Cmd Walkerfoiacomplaintexhibits May19[1]

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STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY BRANCH ____

CENTER FOR MEDIA & DEMOCRACY 122 W Washington Ave Suite 555 Madison, WI 53703,

COMPLAINT Plaintiff,

Case No.: __________ Code No.: 30952

v. SCOTT WALKER State of Wisconsin 115 East Capitol Madison, WI 53702, and OFFICE OF THE GOVERNOR State of Wisconsin 115 East Capitol Madison, WI 53702

Defendants.

COMPLAINT FOR MANDAMUS

The Center for Media and Democracy (hereinafter CMD), allege as their

Complaint against Defendants Scott Walker and the Office of the Governor as follows:

1. CMD brings this action for mandamus under Wis. Stat. 19.37(1)(a),

requesting that this court order Defendants to release public records that Defendants

has heretofore failed to release pursuant to CMDs written request under the public

records law, and assess appropriate damages, Wis. Stat. 19.31-19.39.

2. Under Wisconsin law, all persons are entitled to the greatest possible

information regarding the affairs of government and the official acts of their

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representatives, and providing such information is an essential function of a

representative government. Wis. Stat. 19.31 (Declaration of Policy). As the Wisconsin

Supreme Court has observed, If Wisconsin were not known as the Dairy State it could

be known, and rightfully so, as the Sunshine State. All branches of Wisconsin

government have, over many years, kept a strong commitment to transparent

government. Schill v. WI Rapids School Dist., 2010 WI 86, 1, 327 Wis. 2d 572, 580, 1

(Abrahamson, C.J., lead opinion). Defendants have failed Wisconsins clean government

traditions by refusing to comply with their responsibilities under the public records

law.

FACTUAL ALLEGATIONS

3. CMD is a nonprofit, nonpartisan organization engaged in investigative

reporting and research, with headquarters located at 122 W. Washington Ave., Suite

555, Madison, WI 53703.

4. CMD is a requester as that term is defined in Wis. Stat. 19.32(3) and as

used in throughout Wisconsins public records law, Wis. Stat. 19.31-19.39.

5. Defendant Office of the Governor is an authority as that term is defined

in Wis. Stat. 19.32(1) and as that term is used throughout the public records law,

19.31-19.39, and Governor Walker is the legal custodian of the Office of the Governors

records pursuant to Wis. Stat. 19.33(4). Defendants have a legal duty to disclose

records in response to a lawful request.

6. On February 5, 2015, Center for Media and Democracy (CMD) Staff Writer

Jonas Persson submitted a request to Defendants for All communications or contacts

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between the Office of the Governor, and the following individuals regarding the 2015

17 Executive Budget Bills changes to ch. 36 of the Wisconsin statutes: Nathan Schwanz,

Michael Heifetz, Mike Huebsch.

7. The requested documents are records as the term is defined in Wis. Stat.

19.32(2) and as used throughout the Public Records Law, Wis. Stat. 19.31-19.39. The

requested records pertain to Defendants role in writing Wisconsins 2015-2017 budget,

specifically provisions in Chapter 36 pertaining to the removal of the search for truth

and the Wisconsin Idea from the University of Wisconsin Systems mission statement.

8. On May 8, ninety-two days after CMD submitted its request, Defendants

partially denied the request, declaring, in this order, that (1) records were being

withheld under the attorney client communications and attorney work product

exemptions, (2) records were being withheld under the common law balancing test,

arguing specifically that the records are protected under a purported deliberative

process privilege and alleging that the deliberative records are of little public value, and

(3) that those same records were not records at all but fell under the drafts

exemption in Wis. Stat. 19.32(2). A true and correct copy of Defendants response is

attached hereto as Exhibit A. As described below, these claims are unsupportable under

Wisconsin law.

THE RECORDS CANNOT BE PROTECTED BY ATTORNEY-CLIENT PRIVILEGE

9. In their May 9 letter, Defendants claimed the following:

We have withheld some records that consist of privileged attorney-client communications and protected attorney work product. The confidentiality of attorney-client communications and work product are highly valued public policies protected throughout Wisconsin law. See, e.g., Wis. Newspress, Inc. v. Sch.

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Dist. of Sheboygan Falls, 199 Wis. 2d 768, 782-83 (1996) (recognizing the attorney-client privilege as an exception to the public records law); Seifert v. Sch. Dist. of Sheboygan Falls, 2007 Wis. App. 207, at 28 (protected work product). 10. There is no indication that an attorney-client relationship existed between

the office of the governor and the named individuals, none of whom are attorneys,

according to the State Bar of Wisconsin. If any such relationship did exist, it would only

apply to a very limited number of records that would be responsive to this request.

11. The attorney work product exemption only encompasses materials

compiled by an attorney in anticipation of litigation. Seifert v. Sch. Dist. of Sheboygan

Falls, 2007 WI App 207, 28, 305 Wis. 2d 582, 28. There was no litigation pertaining to

the Executive Budget Bill or Chapter 36 planned or anticipated at the time of the

request; indeed, months later, no lawsuits pertaining to the subjects of the request have

been filed. The attorney work product exemption cannot justify the withholding of

records responsive to this request.

THE RECORDS CANNOT BE WITHHELD UNDER A CLAIMED DELIBERATIVE PROCESS PRIVILEGE

12. Defendants declare that, by applying the common-law balancing test, they

have withheld certain documents consisting of preliminary analysis and deliberations

created and exchanged by and among employees of DOA and employees of the

Governors office in preparation of the Governors budget, before the budget legislation

was introduced in the legislature.

13. In applying the balancing test, it is only in an exceptional case where the

Public Records Laws strong presumption in favor of disclosure can be overcome, and

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only then if the authority can describe specific public policy concerns that would

require secrecy. Hempel v. City of Baraboo, 2005 WI 120, 63, 284 Wis. 2d 162, 63.

14. Defendants claim that the strong public interest in disclosure of records

and in monitoring the activities of government is overcome by the publics purported

interest in protecting the deliberative process, asserting that:

A candid, complete, and creative evaluation of the states finances within DOA and within the Governors office is inherent to the development of the Governors executive budget. Making these internal discussions just as open to disclosure as the final version of the budget would inhibit the free exchange of ideas, opinions, proposals, and recommendations among those involved in deciding what to include in the final legislation. Disclosure of this narrow category of recordslimited to discussions within DOA, within the Governors office, and between the two--would discourage frank internal discussion and harm the quality of the final executive decision. Further, it would disincentivize the free exchange of emails and written documentation necessary to hone the precise language and calculations that are key to proper budget development. Without a doubt, this would significantly inhibit the efficiency and efficacy of the employees who develop the detailed language and financial calculations for the budget.

15. Despite claiming that protecting the deliberative process amounts to an

exceptional case that can override the strong public interest in disclosure, the

Wisconsin Supreme Court, in a 6-1 decision, has stated unequivocally that Wisconsin

law does not recognize a deliberative process privilege. Sands v. Whitnall Sch. Dist., 2008

WI 89, 48 n.12, 60-70, 312 Wis. 2d 1, 48 n.12, 60-70. The Wisconsin Attorney

General has also emphasized that, for purposes of the Public Records Law, Wisconsin

law does not recognize a deliberative process privilege. Wisconsin Public Records Law

Wis. Stat. 19.31-19.39 Compliance Outline, Wisconsin Department of Justice, 28.

16. This appears to be the first instance since Wisconsin began drafting

executive budgets in 1929 that the governor and the Department of Administration

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have claimed that the budget drafting process is exempt from Wisconsins Public

Records Law.

17. Defendants position is unsupportable under Wisconsin law, and they

cannot cite to any statute or common law precedent that sustains their position. Instead,

Defendants cite to non-binding federal statutory law:

The public interests supporting nondisclosure here have long been nationally recognized, including in federal law. See Freedom of Information Act (FOIA), 5 USC 552(b)(5); Bureau of National Affairs v. U.S. Department of Justice, 742 F.2d 1484 (D.C. Cir. 1984). 18. 5 USC 552(b)(5) provides an exemption from disclosure under the

federal Freedom of Information Act (FOIA) for inter-agency or intra-agency

memorandums or letters which would not be available by law to a party other than an

agency in litigation with the agency. Federal courts have found that 552(b)(5)

explicitly recognizes a deliberative process exception to FOIA.

19. The federal FOIA law does not apply to states. State ex rel. Hill v.

Zimmerman, 196 Wis. 2d 419, 428 n.6, 538 N.W.2d 608, 612 n.6 (Ct. App. 1995). Although

Wisconsin Courts have in certain instances found the public policies expressed in the

FOIA exceptions relevant to the application of the common law balancing test, they

have only done so when those exceptions overlap with Wisconsin statutory exemptions

and with the public policies represented in Wisconsin common law. Linzmeyer v. Forcey,

2002 WI 84, 32-33, 254 Wis. 2d 306, 32-33. At best, the FOIA exemptions can be

persuasive authority when they reflect Wisconsins statutory exemptions and Wisconsin

common law. Id.

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20. That is not the case here. No parallel deliberative process exception

exists in Wisconsin law, and the Wisconsin Supreme Court has declared unequivocally

that under Wisconsin law, no such deliberative process privilege has ever been

recognized by the Wisconsin courts. Sands 2008 WI 89, 50, 312 Wis. 2d 1, 50.

21. In fact, Wisconsin courts have repeatedly noted that the Wisconsin Public

Records Law has been more effective than the federal FOIA, in large part because FOIA

includes much broader exemptions, which have allowed more federal records to be

withheld from the public. Zimmerman at 428 fn. 6, citing Wisconsin Family Counseling

Servs., Inc. v. State, 95 Wis. 2d 670, 672-73, 291 N.W.2d 631, 633-34 (Ct. App. 1980).

Wisconsins Public Records Law has long reflected a strong policy of transparency and

access, and in contrast with federal courts interpreting FOIA, Wisconsin courts have

declined to open very large loopholes which can be used to prevent access to

significant categories of data. Id. Yet that is precisely the situation that Defendants are

seeking to create.

22. If Defendants claims were to stand, it would undermine Wisconsins

public records law by deploying the same overly-broad loopholes that have weakened

access to information held by federal agencies.

23. At the time the Wisconsin public records law was updated in 1979, the

role of the governors office and the DOA in drafting a budget was well-established,

and the legislature declined to exempt those agencies or the budget drafting process

from the laws disclosure requirements, for more than 35 years.

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24. Defendants are attempting to unilaterally graft a new deliberative process

exception to Wisconsins Public Records Law, one which runs directly contrary both to

the clear directives of the Wisconsin Supreme Court and contrary to the legislatures

declaration that it is the public policy of this state that all persons are entitled to the

greatest possible information regarding the affairs of government and the official acts of

those officers and employees who represent them. Wis. Stat. 19.31.

DISCLOSURE IS COMPELLED BECAUSE THE PUBLIC INTEREST IN THESE RECORDS IS SIGNIFICANT

25. Defendants additionally claim that, under the balancing test, the public

interest in accessing these particular records is limited, since:

All legislation is publicly available once it is introduced, and numerous documents are produced and released to the public explaining and justifying the specifics of the executive budget. Thus, pursuant to the required balancing test, we have concluded that the public interest in protecting the quality of the executive decision-making process and maintaining the efficiency and efficacy of the budget writing process outweighs the public interest in the release of these materials. 26. Effectively, Defendants are claiming that there is little public interest in

the budget drafting process, and that the public should accept whatever the

government voluntarily chooses to release. This is directly contrary to Wisconsins

strong traditions of open government and the role of the public records law in ensuring

government oversight. The right of the people to monitor the peoples business is one

of the core principles of democracy. Schill, 327 Wis. 2d 572, 2 (plurality opinion). The

open records law reaffirms that the people have not only the opportunity but also the

right to know what the government is doing and to monitor the government.

Milwaukee Journal Sentinel v. City of Milwaukee, 2012 WI 65, 4, 341 Wis. 2d 607, 815

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N.W.2d 367. Transparency and oversight are essential to honest, ethical governance.

John K. MacIver Institute for Public Policy, Inc. v. Erpenbach, 2014 WI App 49, 32, 354 Wis.

2d 61, 32.

27. The deliberations and discussions involved in the development of public

policy are of the utmost public interest. The importance of transparency and public

oversight is heightened when it comes to the two-year budget, which is usually the

most important piece of legislation in a biennial legislative session. And, the publics

interest in these particular records, which pertain to changes to the University of

Wisconsin Systems mission statement, is particularly compelling.

28. The question of how and why the governor used the budget to strike the

search for truth and the Wisconsin Idea from the mission of the University of

Wisconsin System has attracted significant media attention in Wisconsin and around

the country. Outlets ranging from the Milwaukee Journal Sentinel to the Wisconsin State

Journal to the Washington Post have written multiple articles on the issue, as have

editorial boards at outlets like the New York Times.1 See also Exhibit B.

""""""""""""""""""""""""""""""""""""""""""""""""""""""""1 Karen Herzog, Walker Proposes Changing Wisconsin Idea Then Backs Away, Milwaukee Journal Sentinel, Feb. 4, 2015, available at http://www.jsonline.com/news/education/scott-walkers-uw-mission-rewrite-could-end-the-wisconsin-idea-b99439020z1-290797681.html; Dan Simmons, Scott Walker Backtracks From Striking Truth, Human Condition from Wisconsin Idea, Wisconsin State Journal, Feb. 5, 2015, available at http://host.madison.com/news/local/govt-and-politics/scott-walker-backtracks-from-striking-truth-human-condition-from-wisconsin/article_a4ca4220-7211-5fc8-b2b9-0ab5313c6937.html; Phillip Bump, Scott Walker moved to drop search for truth from the University of Wisconsin mission. His office claims it was an error, Washington Post, Feb. 4, 2015, available at http://www.washingtonpost.com/blogs/the-fix/wp/2015/02/04/scott-walker-wants-to-drop-search-for-truth-from-the-university-of-wisconsin-mission-heres-why/; Editorial Board, Gov. Walkers Drafting Error, New York Times, Feb. 6, 2015, available at http://www.nytimes.com/2015/02/07/opinion/gov-scott-walkers-drafting-error.html

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29. The publics interest in this matter is not only in the policy change itself,

but how that change came into existence. The governor initially stated that the changes

to the mission statement were the result of a drafting error in the budget. This

statement later earned a Pants On Fire rating from Politifact after the Milwaukee

Journal Sentinel reviewed the budget drafting file and discovered that the DOA had

specifically requested the changes.2

30. The governor additionally claimed that the changes had been overlooked

by University of Wisconsin officials, and issued a lengthy statement blaming

"miscommunication" between his executive office and budget staff in the DOA. Yet

emails obtained through other public records requests by the Milwaukee Journal Sentinel

further undermined those claims, and indicated that the change was intentional and

that university officials had in fact disputed the changes but had been rebuffed. Id.

31. It is simply insufficient for Defendants to say that transparency is served

because legislation is publicly available once it is introduced." This undermines the

oversight role that the Public Records Law is intended to promote: the law recognizes

that a representative government is dependent upon an informed electorate, and that

all persons are entitled to the greatest possible information regarding the affairs of

government and the official acts of those officers and employees who represent them.

Wis. Stat. 19.31.

""""""""""""""""""""""""""""""""""""""""""""""""""""""""2 Tom Kertscher, Despite Deliberate Actions, Scott Walker Calls Change to University Mission a Drafting Error, Politifact Wisconsin, Feb. 6, 2015, available at http://www.politifact.com/wisconsin/statements/2015/feb/06/scott-walker/despite-deliberate-actions-scott-walker-calls-chan/

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32. The Public Records Law is in place so that the public is not put in a

position of having to accept whatever the government voluntarily chooses to release

and to accept the official explanation for its policies. The public has a vital interest not

only in knowing what has been done in its name, but also why those policies have been

advanced and who was involved in their development. See MacIver Institute for Public

Policy, Inc., 2014 WI App 49, 32, 354 Wis. 2d 61, 32. (Public awareness of who is

attempting to influence public policy is essential for effective oversight of our

government.)

33. Notably, it appears that Defendants have previously complied with past

requests for records that reflected the offices preliminary analysis and deliberations

in developing the budgets changes to the University of Wisconsin Systems mission

statement. In fact, those records were vital to revealing the truth about how the changes

came about.3 The claimed deliberative process privilege is only being invoked now,

following what has been called the political firestorm that erupted after the Pants On

Fire deception from Defendants about how these budget provisions were drafted.4

Courts have repeatedly rejected efforts by the government to avoid disclosure on all

issues that the public cares most about: the contentious ones. MacIver Institute, 2014 WI

App 49 at 14.

THE RECORDS CANNOT BE WITHHELD UNDER THE 19.32(2) DRAFTS EXEMPTION """"""""""""""""""""""""""""""""""""""""""""""""""""""""

3 See Jason Stein, Patrick Marley, Karen Herzog, Walker Forced to Admit UW Objected to Wisconsin Idea Changes, Milwaukee Journal Sentinel, Feb. 5, 2015, available at http://www.jsonline.com/news/statepolitics/documents-show-walker-administration-seeking-removal-of-uws-wisconsin-idea-b99439710z1-290927651.html 4 Kertscher, Despite Deliberate Actions, Scott Walker Calls Change to University Mission a Drafting Error, Politifact Wisconsin.

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34. Defendants additionally suggest the documents are not records since

they fall under the statutory drafts exemption in the second half of Wis. Stat.

19.32(2):

Even putting the balancing test aside, these documents are not records within the meaning of the public records law. The law specifically exempts from public disclosure drafts, notes, preliminary computations, and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working. Wis. Stats. 19.32(2). These preliminary analyses and deliberations are drafts, preliminary computations, and/or similar like materials that are prepared by individuals working for the Governor on creation of the Governors biennial budget. Release of these preliminary materials would be contrary to the conduct of government business, running counter to 19.32(2)s exclusions and to the declaration of policy in Wis. Stat. 19.31. 35. The requested documents are records and are not exempted under

19.32(2).

36. The responsive records cannot be excluded under the 19.32(2) prepared

for the originators personal use exemption, since the requested records were

distributed to others: indeed, the request is for records of communications between

individuals and agencies about official business. The Wisconsin Attorney General has

stated that if one's notes are distributed to others for the purpose of communicating

information or if notes are retained for the purpose of memorializing agency activity,

the notes would go beyond mere personal use and would therefore not be excluded

from the definition of a "record." 77 Op. Att'y Gen. 100, 102 (1988). The Wisconsin

Supreme Court has stated that, A document prepared for something other than the

originator's personal use, whether it is in preliminary form or stamped draft, whether

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recommendations of the document are implemented or not, is by definition a record.

Fox v. Bock, 149 Wis. 2d 403, 414.

37. The records also cannot be excluded under 19.32(2)s reference to

materials "prepared by the originator in the name of a person for whom the originator is

working. The exclusion of materials under this provision is to be construed narrowly.

77 Op. Att'y Gen. 100, 102 (1988). Additionally, the custodian of the document bears the

burden of proof of facts demonstrating that it is a draft. Fox v. Bock, 149 Wis. 2d 417.

38. According to the Wisconsin Attorney General, the reason for the

exclusion is to treat as a nullity language which is drafted for but which is not accepted

by one's superior. 77 Op. Att'y Gen. 100, 102 (1988). There is no indication that any of

the responsive records were drafted for and rejected by a superior; indeed, the requests

purpose is to determine how the final language that appeared in the Executive Budget

came about.

39. Notably, Defendants appear to be claiming that the same records

protected by the purported deliberative process privilege are also exempted from the

definition of record under 19.32(2). If, as Defendants claim, the records in question

amount to frank internal discussion and a free exchange of emails and written

documentation that represent the honing of precise language and calculations in

developing the budget, then those documents were not drafted for but not accepted

by one's superior and do not fall under the narrow drafts exemption in 19.32(2).

40. Additionally, a document is not a draft under Wis. Stat. 19.32(2) if it is

used for the purposes for which it was commissioned. Fox v. Bock, 149 Wis. 2d 414. By

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Defendants own admission, they are excluding records that provide analysis and

deliberations, ideas, opinions, proposals, and recommendations, internal

discussion and calculations. These records were used for the purposes for which

they were requested: they provided analysis, ideas, recommendations, and calculations

on the budget issue in question.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff CMD requests that the Court grant the following relief

pursuant to Wis. Stat. 19.31-19.39 and Wis. Stat. 806.04:

a. Allow additional legal argument, as necessary, after Defendants have

answered the Complaint;

b. Order the Defendants to provide copies of the requested records to CMD;

c. Award CMD its actual costs and damages under Wis. Stat. 19.37(2)(a);

d. Assess whether Defendants acted in a willful or intentional manner, and

arbitrarily and capriciously denied or delayed response to the request from

CMD, and assess appropriate damages under Wis. Stat. 19.37(2)(b) and (3),

and;

e. Order any other such relief as the Court deems appropriate.

Dated this 19th day of May, 2015.

______________________________ Brendan Fischer, SBN 1089027 Attorney for Plaintiff

Mailing Address: 122 W. Washington Ave, Ste. 555 Madison, WI 53703 Telephone: (608) 260-9713 [email protected]

EXHIBIT A

WISCONSIN IS OPEN FOR BUSINESS WWW.WISGOV.STATE.WI.US (608) 266-1212 FAX: (608) 267-8983

SCOTT WALKER OFFICE OF THE GOVERNOR

STATE OF WISCONSIN P.O. BOX 7863

MADISON, WI 53707

May 8, 2015 Jonas Persson Center for Media and Democracy [email protected] Dear Mr. Persson, This letter is in response to your public records request for the following:

All communications or contacts between the Office of the Governor, and the following individuals regarding the 201517 Executive Budget Bills changes to ch. 36 of the Wisconsin statutes: Nathan Schwanz, Michael Heifetz, Mike Huebsch.

A search of the records of the Office of the Governor has been completed, and 480 pages of records have been found. These records are included with this letter in PDF format. Note that, although not expressly requested, we are including additional communications we found between the Office of the Governor and other individuals at the Department of Administration, not merely the three individuals listed. We have withheld some records that consist of privileged attorney-client communications and protected attorney work product. The confidentiality of attorney-client communications and work product are highly valued public policies protected throughout Wisconsin law. See, e.g., Wis. Newspress, Inc. v. Sch. Dist. of Sheboygan Falls, 199 Wis. 2d 768, 782-83 (1996) (recognizing the attorney-client privilege as an exception to the public records law); Seifert v. Sch. Dist. of Sheboygan Falls, 2007 Wis. App. 207, at 28 (protected work product). Additionally, the public records law incorporates the common-law balancing test, which requires us to weigh the public interest in disclosure against any harm that could result from disclosure. See, e.g., Wisconsin Newspress, Inc. v. Sch. Dist. of Sheboygan Falls, 199 Wis. 2d 768, 777-78 (1996). Applying this standard, we have withheld certain documents consisting of preliminary analysis and deliberations created and exchanged by and among employees of DOA and employees of the Governors office in preparation of the Governors budget, before the budget legislation was introduced in the legislature. By law, the Governor is the one responsible for the states biennial budget, and the Department of Administration is mandated to prepare the budget under the direction of the Governor. See Wis. Stats. 16.4216.47. A candid, complete, and creative evaluation of the states finances within DOA and within the Governors office is inherent to the development of the Governors executive budget. Making these internal discussions just as open to disclosure as the final version of the budget would inhibit the free exchange of ideas, opinions, proposals, and

WISCONSIN IS OPEN FOR BUSINESS WWW.WISGOV.STATE.WI.US (608) 266-1212 FAX: (608) 267-8983

recommendations among those involved in deciding what to include in the final legislation. Disclosure of this narrow category of recordslimited to discussions within DOA, within the Governors office, and between the two--would discourage frank internal discussion and harm the quality of the final executive decision. Further, it would disincentivize the free exchange of emails and written documentation necessary to hone the precise language and calculations that are key to proper budget development. Without a doubt, this would significantly inhibit the efficiency and efficacy of the employees who develop the detailed language and financial calculations for the budget. In addition, disclosure would risk public confusion as a result of publishing non-final proposals, which may not ultimately have been adopted. The public interests supporting nondisclosure here have long been nationally recognized, including in federal law. See Freedom of Information Act (FOIA), 5 USC 552(b)(5); Bureau of National Affairs v. U.S. Department of Justice, 742 F.2d 1484 (D.C. Cir. 1984). Conversely, the public interest in accessing these particular records is limited. All legislation is publicly available once it is introduced, and numerous documents are produced and released to the public explaining and justifying the specifics of the executive budget. Thus, pursuant to the required balancing test, we have concluded that the public interest in protecting the quality of the executive decision-making process and maintaining the efficiency and efficacy of the budget writing process outweighs the public interest in the release of these materials. Even putting the balancing test aside, these documents are not records within the meaning of the public records law. The law specifically exempts from public disclosure drafts, notes, preliminary computations, and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working. Wis. Stats. 19.32(2). These preliminary analyses and deliberations are drafts, preliminary computations, and/or similar like materials that are prepared by individuals working for the Governor on creation of the Governors biennial budget. Release of these preliminary materials would be contrary to the conduct of government business, running counter to 19.32(2)s exclusions and to the declaration of policy in Wis. Stat. 19.31. Note that we have not analyzed communications with representatives of UW System or the Legislative Reference Bureau under this reasoning. We are providing these communications because it is our understanding that they are already publicly available. Pursuant to Wis. Stat. 19.35(4)(b), these determinations are subject to review by mandamus under Wis. Stat. 19.37(1) or upon application to a district attorney or the Attorney General. This letter completes our response to your request. Thank you for contacting the office of Governor Scott Walker. Sincerely,

David J. Rabe Assistant Legal Counsel

EXHIBIT B

Walker Strikes Truth and Wisconsin Idea from UW Mission in Budget By Jonas Persson and Mary Bottari, posted February 4, 2015 UPDATE Feb. 5th -- After first defending the language in DePere, Walker backed down after being asked by Milwaukee Journal Sentinel reporter Dan Bice about the issue. Late in the day Walker spokesperson Laurel Patrick told media outlets that the changes to the UW mission were a "drafting error," and a Tweet from Walker made the same claim. The next day the Milwaukee Journal Sentinel reported that far from being a drafting error, the language was specifically requested by the Walker administration.

In addition to unprecedented budget cuts to the University of Wisconsin (UW) system, Wisconsin Governor Scott Walker struck "the search for truth" and the Wisconsin Idea from the university's mission in his executive budget bill unveiled last night.

First summed up by UW President Charles Van Hise in 1904, the Wisconsin Idea means that "the borders of the University are the borders of the state." Van Hise declared that he would never be content until the beneficent influence of the university reaches every family in the state and this has long been the core philosophy of the UW System, which has worked hard over the decades to generate programs that serve people and communities all over the state.

Walker's executive budget (see below) amends Sec. 1111 of the statutes to remove language specifying that the UW system has a public service mission to extend knowledge and its application beyond the boundaries of its campus" and to "serve and stimulate society." He strikes language ensuring that the mission of the UW is to extend "training and public service designed to educate people and improve the human condition," as well as the language specifying that "the search for truth" is "basic to every purpose of the system."

During the Progressive Era, legislator Robert M. La Follette suggested that the Wisconsin Idea would help make Wisconsin a laboratory for democracy, and it has been linked to a series of progressive reforms, such as workers compensation, the direct election of United States Senators, and the non-partisan Legislative Reference Bureau. The mission of reaching every family in the state is also closely linked to Wisconsin public radio and TV. The Walker budget slashes $5 million in state funding from this important public service media.

In 1952, presidential candidate Adlai Stevenson gave a speech in Madison in which he reflected on the Wisconsin Idea of the university serving the public interest. To him, there was more to it than "a simple belief in the people." It also meant that: "the role of government was not to stumble along like a drunkard in the dark, but to light its way by the best torches of knowledge it could find."

The budget bill removes the text specifying that the UW System is created "in the public interest" from the statute. In the new wording, it is established out of "constitutional obligation."

$300 Million Slashed From the UW System While Neighboring States Invest in Higher Education

Walker also cut state funding for the UW System by $300 million. The unprecedented cut, which amounts to 13 percent of the state funding for the university system and 2.5 percent of the total budget, accompanied by a tuition freeze will result in the defunding of scores of departments and jeopardize the livelihood of faculty and graduate students. Walker attempts to sweeten the cuts by spinning off the system as a self-governing "public authority" similar to a port authority. The Board of Regents appointed by the governor would be the governing body and the legislature and the public would have less of a role in protecting academic freedom and other statutory rights.

The proposals come against the backdrop of four years of failed economic policies. The harsh prescription of tax breaks for the rich and cuts in services for the poor that Governor Walker promised would revitalize Wisconsin's economy and balance the budget have failed to do either. Wisconsin remains 32nd in the nation in new job growth and the state faces a $2.2 billion dollar deficit.

In a grim irony, the cut also comes amid reports that other states in the Midwest, such as Minnesota (which recently reported a $1.04 billion budget surplus), Indiana, Iowa and Ohio, are ramping up funding for its state universities, the Wisconsin State Journal reports.

Walker, who did not attend the UW system and failed to graduate from Marquette, seems to have little grasp of the role the state university system plays in the economy. In fact, a 2011 impact study found that the UW System, including alumni startups, generate $12.4 billion annually to the Wisconsin economy, while supporting 128,146 Wisconsin jobs and generating $614 million in state tax revenue.

Bipartisan Discontent as Walker Tries to Put an End to Public Higher Education

The cuts in Wisconsin higher education, and the apparent disregard for the fact that the UW System is a motor for innovation in the state, has drawn the ire of lawmakers from both sides of the aisle.

Senate Minority Leader Jennifer Shilling (D-La Crosse) deplored Walkers cut-and-run policies that benefit the wealthy while glancing at neighboring states creating jobs, investing in their communities and seeing strong budget surpluses.

Her Republican colleague Jerry Petrowski (R-Marathon) agreed, arguing that The UW System is vital to our state and plays an important part in the development of technology and the establishment of new businesses, thereby increasing the amount of jobs available in Wisconsin.

How Gov. Walker tried to quietly change the mission of the University of Wisconsin By Valerie Strauss, on February 5, 2015 You might think that changing the mission of a flagship public university would be an issue put up for public discussion. Not in Wisconsin.

Wisconsin Gov. Scott Walker submitted a budget proposal that included language that would have changed the century-old mission of the University of Wisconsin system known as the Wisconsin Idea and embedded in the state code by removing words that commanded the university to search for truth and improve the human condition and replacing them with meet the states workforce needs.

Walker, in a budget speech given earlier this week, didnt bother to mention the change, which is more than a simple issue of semantics. There is a national debate about what the role of colleges and universities should be. One group, including Walker, see higher education in big part as a training ground for workers in the American workplace; another sees college education as a way to broaden the minds of young people and teach them how to be active, productive citizens of the country.

After fierce public criticism, Walker, who recently said that faculty and staff throughout the university system needed to work harder and who is seeking to cut funding for the university system by $300 million over the next two years, said the change in language was a mistake. A Walker aide called it drafting error, according to the Milwaukee Journal-Sentinel.

Walker, in a statement (which you can read below), said the whole thing was a result of miscommunication between his own staff and that of the university system. All he wanted, he said, was to add the language about meeting workplace needs and not remove anything else. The Journal-Sentinel, however, reported that Walkers office had requested in painstaking detail the removal of phrases central to the Wisconsin Idea the guiding principle of the states public university system for more than a century. And it said it found references in the budget proposal in which the administration requested that the changes be made.

The paper said it discovered a Dec. 30 e-mail from state Department of Administration budget analyst Nathan Schwanz that was sent to nonpartisan attorneys at the Wisconsin Legislative Reference Bureau who were drafting the bill to make a number of changes to the mission statement of the UW-System as it is enshrined in state statutes. Then, on Jan. 12, the newspaper reported, he sent another e-mail explicitly saying that the Walker administration wanted changes made; it said: To extend knowledge and its application beyond the boundaries of its campuses should be removed.

Academics were, of course, furious. The paper quoted University of Wisconsin System President Ray Cross as saying:

The Wisconsin Idea is embedded in our DNA. It is so much more than words on a page. It is the reason the UW System exists. It defines us and forever will distinguish us as a great public university.

Heres Walkers statement:

We encourage a vigorous debate over the idea of an authority to govern the University of Wisconsin system or the status quo, as well as a debate about what is the real amount of savings that can be generated by an authority, which we believe is worth $150 million a year. However, there is no debate over the principles contained within the Wisconsin Idea. We are, and have been, in agreement.

So how did a change to the Wisconsin Idea get into the budget?

While we had extensive discussions about the merits of an authority and about variations of how higher education is organized in other states, my staff, the state budget team, and I did not have much discussion about the mission statement. The only real mention was about adding something to existing language related to workforce development.

Staff from the UW, the state budget office, and my office met several times to discuss the authority idea. In anticipation of these meetings, draft language was prepared by the state budget shop to serve as a starting point. At this initial meeting, my Chief of Staff directed the state budget office and the UW to continue working on statutory language changes and to elevate concerns or disagreements to his attention when agreement could not be reached. The guiding principle was to keep this process simple because the main focus was on providing the maximum amount of flexibility under the new authority.

Staff from the UW System reviewed drafts of the budget language on various occasions, so I was surprised we had not heard concerns about the final version. Late on Wednesday, my Chief of Staff spoke again with UW System staff and found that they had raised a concern with the state budget office about the specific language. Unfortunately, when my office told the budget staff to keep it simple, they took that to mean that we only wanted workforce readiness language in the mission when we really wanted the language added to the existing mission statement. They also responded to UW staff that this change was not open for discussion because they were told to keep it simple and only add in workforce readiness language.

Clearly, changing the Wisconsin Idea serves no purpose. That is why I made it clear on Wednesday that we would not change it in the budget. It is not a change of heart. It was a simple miscommunication during the natural back and forth of this process.

The real debate should be about two things: 1) governance of the UW System and 2) how much an authority is worth in savings.

In the 2003/05 state budget, former Governor Jim Doyle cut the UW by $250 million. He did not give them reforms to make up for the lost state aid. They made up most of it with higher tuition.

Our proposal gives new cost-saving reforms to the UW though an authoritywhile freezing tuition. We believe it is a good plan. Let the debate begin.

Gov. Walkers Drafting Error By the Editorial Board, on February 6, 2015 It was not enough for Gov. Scott Walker of Wisconsin suddenly to propose a destructive 13 percent cut in state support for the University of Wisconsins widely respected system. His biennial budget plan, released Tuesday, reached gratuitously into the universitys hallowed 111-year-old mission statement to delete a bedrock principle: Basic to every purpose of the system is the search for truth.

The budget patently tailored for the governors conservative campaign for the Republican presidential nomination inserted language that the university should be more narrowly concerned with meeting the states work force needs.

Brazenly deleted as well from the mission statement, which is nationally appreciated in education circles as the Wisconsin Idea, were the far from controversial goals to educate people and improve the human condition and serve and stimulate society. It was as if a trade school agenda were substituted for the idea of a university.

But Mr. Walker badly miscalculated in the state at least, and perhaps even with the national constituency he is furiously courting in campaign trips and in his fund-raising. The citizens of Wisconsin, clearly more appreciative of the state university than is their governor, erupted through social media and news outlets, sending Mr. Walker into retreat a day later. His office attempted the ridiculous excuse that the pernicious editing of the universitys mission was simply a drafting error in the budget text and that the Wisconsin Idea would be left intact after all. But a December email showed clear instructions from the administration to make the deletions.

Mr. Walker came to national prominence four years ago with his attacks on collective bargaining rights and attempts to curtail the benefits of state workers. His new budget doubles down on his recent complaints that university faculty and staff do not work hard enough, insisting that the 26-campus, 180,000-student system could absorb the $300 million state cut he proposed.

Even fellow Republican legislative leaders quickly shied away from the governors ideologically driven thrust at the university ethos. Even without the ridiculous changes to the mission statement, the Legislature must firmly resist Mr. Walkers regressive budget, because it includes the university cut and a vaguely detailed plan to transfer university control to a quasi-governmental authority.

The budget also offers virtually no significant increase in public school funding while increasing voucher support for private and religious schools at taxpayers expense. It includes another shibboleth of the hard-right agenda a requirement for drug testing of those seeking a variety of public benefits.

All of that may be red meat for conservative zealots in the caucus and on the presidential primary circuit. Yet it is hard to see such a clumsy attack on education going far with a general electorate concerned about their childrens chances in life. If nothing else, Mr. Walker is sharpening the debate within the Republican Party about whether it can win despite its own extremists.

Scott Walker Needs an Eraser By Gail Collins, on February 13, 2015 Lately, the big star in the race for the Republican presidential nomination has been Scott Walker, the governor of Wisconsin. He gave a rip-roaring speech at a conservative confab in Iowa last month, and its been his moment ever since.

Unless the moment ended this week when Walker went to London on an alleged trade mission and refused to say whether he believes in evolution. Or pretty much anything.

For me, commenting on foreign policy or, in this case, economic policy in a country where youre a visitor is not the politest of things, he told a BBC journalist.

Who knows how that will fly with the Republican base? Maybe theyre dying for a president wholl go on an international trip and confine his remarks to the virtues of Wisconsin cheese.

But about that Iowa speech: It was really a rouser. Basically, Walker talked about the comprehensive conservative common-sense conservative agenda hes imposed on Wisconsin. His common-sense examples included making it easier for people to carry lethal weapons around the state and defunding the main organization that helps low-income Wisconsin women with family planning.

Mainly, though, The Speech was about waging war on public employee unions, particularly the ones for teachers. In 2010, there was a young woman named Megan Sampson who was honored as the outstanding teacher of the year in my state. And not long after she got that distinction, she was laid off by her school district, said Walker, lacing into teacher contracts that require layoffs be done by seniority. All of that came as a distinct surprise to Claudia Felske, a member of the faculty at East Troy High School who actually was named a Wisconsin Teacher of the Year in 2010. In a phone interview, Felske said she still remembers when she got the news at a surprise pep assembly at my school.

Actually, Wisconsin names four teachers of the year, none of which has ever been Megan Sampson, who won an award for first-year English teachers given by a nonprofit group. But do not blame any of this on Sampson, poor woman, who was happily working at a new school in 2011 when Walker made her the star victim in an anti-union opinion piece in The Wall Street Journal. At the time, she expressed a strong desire not to be used as a poster child for this political agenda, and you would think that after that the governor would leave her alone. Or at least stop saying she was teacher of the year.

When it comes to education, Walker seems prone toward this sort of intellectual hiccup. Just recently, he released a proposed budget that would have changed the University of Wisconsins mission statement by eliminating the bits about the search for truth, educating people and serving society, in favor of the educational goal of meeting the states work force needs. When all hell broke loose, Walker blamed that one on a drafting error.

Is this a pattern? teacher-of-the-year Felske wondered.

That budget also contains another interesting education idea that Walker has yet to blame on inept typists. He wants to change the way teachers are licensed. Basically, the plan would be to let people with real-life experience just take a test to demonstrate that they knew their subject matter. It appears to require no training whatsoever in the actual art of teaching.

Teaching is more than just knowing stuff, protested Tony Evers, the state superintendent of public instruction. It is an extraordinarily complex skill. You may not be surprised to hear that in Wisconsin, the superintendent of education is not appointed by the governor. Evers was elected on his own, and his office is extremely unhappy about Walkers new plan.

We dont know the origins of this idea. It wasnt discussed, said John Johnson, a spokesman for the superintendent. Were requiring more rigor of our students, but this certainly seems like a decrease in the rigor we require of our teachers.

The idea could very well become law, whether the educators like it or not, since the Wisconsin Legislature often makes policy changes as part of the budget. We will have to let Wisconsinites worry about that.

But it gives us a fresh look at the wave of attacks on teachers unions around the country. We definitely do not want to protect incompetent or lazy teachers. On the other hand, if you believe that teaching is a skill that it takes years of practice to master, you also do not want to encourage politicians to save money by canning the most expensive and most experienced teachers.

Not a problem for Scott Walker. His view of teaching is apparently that anybody can do it. Just the way anybody can be president. As long as they dont make you talk about evolution.

Correction: February 19, 2015 Gail Collinss column on Saturday incorrectly stated that teacher layoffs in Milwaukee in 2010 happened because Gov. Scott Walker of Wisconsin cut state aid to education. The layoffs were made by the citys school system because of a budget shortfall, before Mr. Walker took office in 2011.

Save the Wisconsin Idea By Christine Evans, assistant professor of history at the University of Wisconsin-Milwaukee, on February 16, 2015 MILWAUKEE EARLIER this month, Scott Walker, the governor of Wisconsin and potential Republican presidential candidate, unveiled a proposed budget that would cut $300 million of funds to the University of Wisconsin system and shift power over tuition from the Legislature to a new public authority controlled by appointed regents. The initial draft of Mr. Walkers budget bill also proposed to rewrite the universitys 110-year-old mission statement, known as the Wisconsin Idea, deleting the search for truth and replacing it with language about meeting the states work-force needs.

This attack, surely meant to impress possible donors to the governors potential presidential campaign, squanders the inheritance of all Wisconsinites: an affordable, top-ranked university system that attracts students and scholars from around the world and is a major contributor to the states economy. Criticism prompted the governor to restore the Wisconsin Ideas wording, but the budget cuts remained.

Mr. Walkers action implies that Wisconsinites no longer share their parents and grandparents values. He suggests that a university system with a mission to educate people and improve the human condition is no longer a priority here. He is wrong.

I teach history, a discipline that is always in the cross hairs of cuts designed to make a public university education more practical. But my students have shown me that they find the study of the past very relevant to their lives.

Many have already had careers when they come through my classroom door. Quite a few are military veterans, others have worked in factories and trades. We have a masters degree student who runs a successful local business; other graduate students are former teachers who intend to return to their schools.

These students do not come to our university to get basic vocational skills or a modest-paying job. They already have those things, and they want more.

One recently returned veteran in my 20th-century Russia class was struggling emotionally. The tone of his questions could be hostile or abrupt. He missed classes because of medical appointments at Veterans Affairs. Then, a few days before a paper on Aleksandr Solzhenitsyns One Day in the Life of Ivan Denisovich and Varlam Shalamovs Kolyma Tales was due, he wrote to me. The descriptions of the Soviet gulag brought back his experiences of fear and privation as an infantryman. He wondered if other vets had been similarly unsettled.

I urged him to write about his experiences, because his story mattered. We met to get him back on track academically. I was so proud when he passed.

Signs that my students know what a humanities education is worth abound in more everyday moments as well. When, in an introductory lecture, I offhandedly mentioned Andrei Belys

Petersburg, a novel about terrorism and revolution in Russia, undergraduates lined up to ask me to repeat the details, so that they could read it on their own time.

I ran into a former student recently and he mentioned that his mother was looking forward to reading the books from our class last year. One history major, an avid gun collector, commuted five hours each way from rural Wisconsin to take my historical methods class.

The University of Wisconsin-Milwaukee, where I work, is an urban research university that has been nationally recognized for service to the community. Twenty million dollars our campuss likely share of the cuts represents the entire annual budget of our business school, or our college of engineering, or our schools of public health, information studies and social welfare combined. Which should we eliminate to help students prepare for real world jobs?

We should reject Mr. Walkers claim that he knows best what the limits of Wisconsin students education should be. As my students understand, the humanities train critical thinkers and citizens. That may be inconvenient for politicians who see their constituents as merely a work force, but it is definitely good for our democracy, as well as our economy.

Students like mine are the ones who will be hurt most directly by Mr. Walkers proposed changes. The experiences of the Wisconsin system and that of other state universities show that when state funding is cut, regents raise tuition sharply to compensate. Students pay more and get less. This has already happened in Louisiana, where Gov. Bobby Jindal has implemented similarly drastic cuts to the public university system. During his time in office, tuition at public universities in the state has nearly doubled.

The Wisconsin Idea has been a national model for over a century. Mr. Walkers assault on it is meant as a model, too a guide for dismantling the public universities weve all inherited.

Gov. Walker, eyeing a 2016 bid, picks new fight in Wisconsin: Universities By Robert Samuels, on February 16, 2015 MADISON, Wis. Gov. Scott Walker has cited his experience battling unions here four years ago as proof that voters appreciate a political leader willing to go big and go bold.

So as he woos supporters around the country for a possible presidential bid, Walker (R) is once again picking a fight against a powerful institution at home public universities.

Walkers new budget proposal would slash $300 million from the University of Wisconsin system over the next two years. Thats a 13 percent reduction in state funding.

The cut, Walker said, is a fair exchange for a two-year tuition freeze and new flexibility long sought by administrators to set pay scales and campus construction priorities. But the plan is drawing angry responses from school officials and students as the states Republican-led legislature takes it up.

Walker drew a direct line between his 2011 battle against his states public-sector unions, which sparked mass protests and made him a national GOP star, and his new quest to transform higher education.

Its very much like what we did four years ago, he said last week during a trip to London, which was billed as a trade mission but was widely seen as a move by Walker to gain some foreign policy expertise.

It is unusual for a governor pondering a presidential run to take on what could be an all-consuming political brawl at home and a distraction from the coast-to-coast travel and fundraising required to build a national campaign.

But the university budget debate has a clear upside for Walker, who is shaping his political brand around the idea that he does not shy away from a fight. Whether or not he succeeds in transforming the universities, the battle itself, coming in the midst of Walkers effort to rise above a crowded field of prospective Republican presidential candidates, is likely to play well with conservative voters who see universities as elite institutions and hotbeds of left-leaning activism.

In Wisconsin, university advocates say their schools could be a far more difficult target for Walker, with a broader and deeper base of support than the unions had.

Hundreds of students and faculty members protested on campuses last weekend, and organizers said that was only the beginning. Officials from the states flagship campus in Madison have begun to tap into the schools large network of alumni and other supporters to encourage opposition to Walkers plan.

A harbinger of what Walker might face came in an immediate uproar on social media this month after his staff proposed changing the universitys ethereal focus on the pursuit of truth, known as the Wisconsin Idea, to a grittier focus on workforce needs.

Critics charged that Walker, who did not graduate from college, was disrespecting the traditions of the University of Wisconsin. Walker immediately backed off and described the change as a mistake.

Still, Rebecca Blank, chancellor of the Madison campus, emphasized protecting university traditions as part of a letter she sent to 160,000 alumni. It urged alumni to lobby their local lawmakers so that we can continue to provide Wisconsin students with an outstanding education, and serve the state in the best tradition of the Wisconsin Idea.

Michael Fahey, managing director of the UW-Madison alumni association, said he is reaching out to the universitys 400,000 alums around the world.

We know that Wisconsin alumni represent the full spectrum of political opinions, but we have been pleased that alumni are eager to lend their voice to the campaign, Fahey said.

In his remarks in London, Walker predicted that his proposed changes to universities would lead to the same kind of improvements that his 2011 law brought about in K-12 schools and local governments. Curbing collective bargaining for most public-sector unions, a core piece of that law, gave officials more freedom to operate efficiently and effectively, he said.

And he noted that, just as his children attended public schools back then, he has a personal stake in the university system today, with a son attending UW-Madison.

People said [the 2011 law] would be the death of public education in my state, Walker said. Back then I had two kids in public high schools, and I said I have a vested interest then, just like I do now in the UW system. ... With our authority, the same thing will happen with the University of Wisconsin system.

Walker aides said the proposed budget cuts are part of his philosophy of reforming government rather than raising taxes or merely cutting spending.

Laurel Patrick, a Walker spokeswoman, said the governors proposal would give university officials much of what they have wanted. For years, administrators at the University of Wisconsin have said that getting out from under the bureaucracy of state government would allow them to achieve considerable savings in areas like purchasing, construction and hiring, she said.

Democrats say Walker is putting his national ambitions ahead of state needs. Besides the university cuts, they note that his budget plan includes other items popular with conservatives, such as drug testing for public benefits, expanded K-12 vouchers and less money for public broadcasting.

State Sen. Jennifer Shilling (D), the Senate minority leader, said the state budget proposal looks like a presidential document.

Although Shilling said she does not expect protests as large as those in 2011, she said that more people will find themselves in the crosshairs with his budget. Dont underestimate the intelligence of Wisconsinites: They know this is fodder for a presidential campaign.

University administrators have been blunt in their criticism of the governor, while other advocates have sought to build grass-roots opposition to the plan.

In a public meeting last week with hundreds of faculty members, students and staffers, Blank, the UW-Madison chancellor, said the cuts would undoubtedly lead to higher tuition for out-of-state students.

There will surely be layoffs, she said as some audience members groaned. These cuts are too big too handle. Theyre too big for the university and too big for the state.

In rural communities, an e-mail chain initiated by the states teachers union encourages residents to put green lights outside their homes to show their support for the university. On Saturday, more than 300 students protested in single-digit temperatures. One person held a sign referring to the schools mascot that read: The Wisconsin Badger is an Endangered Species.

Eleni Schirmer, a fourth-year graduate student who helps lead the teaching-assistant associations, said the budget cuts represent another epochal time for the university. She was in her first year when Capitol Square in Madison filled with protesters, and she said she became so fascinated that studying unions became part of her graduate work. She said activists are reinvigorated.

Walkers pretty bold, she said. If he has presidential aspirations, were going to show what he is willing to put at stake to get there, and that is the life of the university.

Ray Cross, the president of the university system, which includes 13 four-year schools and 13 two-year schools, said the possible cuts came as a disappointment. He had proposed a $95 million increase in funding. Cross said he and his staff have been poring over budget documents and spreadsheets to find cuts. He said he wants to assess multiple scenarios before determining how bad downsizing could be, for fear of crying wolf.

Walkers team has played down the impact, saying the cuts would amount to a 2.5 percent reduction in the university systems $6 billion budget. Walker has suggested increasing professors workloads to help make up the difference.

We didnt know the details until a few days before the budget was released, Cross said. We are going to be a dramatically different organization at the end of this. It is a statement from the state that we want you to be smaller, a more streamlined organization.

Still, Cross could not hide his frustration. Looking out his 17th-floor window from the university administration building, up the street from the state Capitol, he joked: Sometimes I want to throw water on it.

2016 Ambitions Seen in Walkers Push for University Cuts in Wisconsin By Julie Bosman, on February 16, 2015 MADISON, Wis. Atop a steep hill on the University of Wisconsin campus is a granite boulder affixed with a bronze plaque honoring the university systems lofty mission: to benefit the entire state by promoting public service and a search for truth.

Summed up in one phrase the boundaries of the university are the boundaries of the state the mission statement, known as the Wisconsin Idea, has been cherished by educators and graduates for a century. So whenGov. Scott Walker, a second-term Republican, presented a budget this month proposing to delete some of its most soaring passages, as well as to sharply cut state aid to the system, he ignited a furious backlash that crossed party and regional lines.

We were really upset about it, said Tony Sumnicht, the student body president at the University of Wisconsin, River Falls, a small college in the western part of the state, echoing a sentiment voiced by some Republican lawmakers. The Wisconsin Idea is the philosophy that during our years in college we live and learn by.

Rebecca M. Blank, the chancellor of the University of Wisconsin, Madison, spoke on Friday during a question-and-answer forum on the proposed cuts. CreditBen Brewer for The New York Times

Mr. Walker hastily backtracked, attributing the proposed changes which included inserting a call to meet the states work-force needs to a drafting error by aides.

But to many Wisconsinites, it appeared that this was no mistake, and that the governor, who was re-elected in November, was intentionally sending a pugnacious message to an audience beyond the boundaries of his state: the conservative caucus voters of neighboring Iowa, the first stop in the presidential sweepstakes.

Mr. Walker, who gained the national adoration of Republicans during his first term by taking on labor unions and limiting collective bargaining for public workers, has recently made it clear that he is seriously considering a bid for the presidency in 2016, and in recent days he confirmed that his political organization had leased office space in suburban Des Moines. He spent much of last week on a four-day trade mission in London, on the heels of Gov. Chris Christie of New Jersey, another potential contender for the White House.

Mr. Walkers budget, which must be approved by the Republican-controlled Legislature, calls for a 13 percent cut in state aid across the university system, with its 13 four-year universities and 180,000 students, for a total decrease of $300 million over the next two years.

The governor, who has a son at the universitys Madison campus, has said that the cuts should go hand in hand with a promise to give greater autonomy to the system, a move that he said would free it to trim costs. Laurel Patrick, a spokeswoman for Mr. Walker, said in an email that the $300 million cut was only 2.5 percent of the total U.W. System operating budget.

Governor Walker is proposing to provide the University of Wisconsin System with the authority and flexibility that it has been seeking for years, while freezing tuition for two years to maintain college affordability for our states hard-working families, she said. These reforms will give the U.W. System the power to transform higher education in this state for the future by empowering leaders, protecting taxpayers and promoting long-term stability.

But to his critics, Mr. Walker, in both his proposed cuts and in the discussion that arose over the Wisconsin Idea, is trying to capitalize on a view that is popular among many conservatives: that state universities have become elite bastions of liberal academics that do not prepare students for work and are a burden on taxpayers.

This is a budget that serves Scott Walker for president, and it doesnt serve Wisconsin, said Jon Erpenbach, a Democratic state senator. Hes trying to appeal to the most conservative of conservatives, the Republican voters in early-polling states. And theres 5.5 million people back home saying, Wait a minute.

Even some of Mr. Walkers supporters, who cheered his initial run for the governorship and helped him survive a recall election in 2012, said they were questioning the governors budget proposal and its potential consequences for higher education.

We are now facing a cut that will absolutely savage the infrastructure and quality of teaching and research to this university, said John Sharpless, a Republican who is a history professor at the Madison campus. What would be a shame for us in Wisconsin is if Scott leaves a wake of damage here on his way to the presidency.

In an interview in her office here, Rebecca M. Blank, the chancellor of the Madison campus, said that if the governors budget was approved, she would have to raise out-of-state tuition and institute layoffs. She added that the proposed cuts were so large that if she eliminated five schools nursing, law, business, pharmacy and veterinary medicine she would still have to find other ways to trim costs.

This is really big, in terms of its size on my education program, Ms. Blank said.

Many residents in the liberal enclave of Madison, where Mr. Walker is deeply unpopular, see his willingness to slash funding for higher education as a reminder of his background: Mr. Walker abruptly dropped out of Marquette University, a Jesuit institution in Milwaukee, during the spring semester of his senior year.

Walker doesnt value the university, said Jessi Mulhall, a government worker, pausing during a chilly walk down State Street, near the campus. He has disdain for anything intellectual. He doesnt care if the populace is educated.

Others shrugged off criticism of the governor, suggesting that many people in Madison were still furious at Mr. Walker for curtailing the power of labor unions.

My guess is that this is just about the economy, Eric Johnson, who teaches a gardening course on campus, said as he walked down State Street on a recent afternoon.

Mr. Walker also suggested, in a comment that infuriated university faculty and staff members, that professors could help make savings by teaching an additional class per semester.

In the interview, Ms. Blank bristled at the notion that professors are not working hard enough. Our teaching loads look a lot like the teaching loads at other top universities, she said.

One scientist at the university, Andras Fodor, said he had been lured to Madison from his native Hungary by its reputation as a top research institution. In my field, it is one of the best universities, he said. That reputation is a terrible thing to destroy.

But Republicans in the Legislature said that educators were exaggerating the impact of the cuts. Scott L. Fitzgerald, a Republican who is the Senate majority leader, said in an interview that while the budget called for a significant reduction in higher education funding, he had had very little response from his constituents so far.

Some campuses have cash reserves that they can draw from to reduce the pain from budget cuts, he said, though I would suspect that the impact would probably be more severe on a smaller campus that doesnt have a lot of cash in reserve.

Some Republican lawmakers have expressed concerns about the depth of the proposed cuts, raising the possibility that the Legislature will try to soften them.

People take a lot of pride in U.W.-Madison its one of the crown jewels of the state, said Kerry Lechner, the editor of The Portage Daily Register, a newspaper in central Wisconsin. I dont think the Legislature will rubber-stamp this budget. It will have a lot of scrutiny and a lot of debate.

Scott Walker Objects to the Search for Truth By John Nichols on February 4, 2015 UPDATE (2-3-15) 5:30 pm: Facing sharp criticism for proposing to abandon the University of Wisconsins public-service mission statement, as outlined in state statutes, Wisconsin Governor Scott Walker on Wednesday afternoon abruptly dropped the plan. Criticized for attacking the Wisconsin Idea and the states historic commitment to academic inquiry, the all-but-announced 2016 presidential candidate shifted course less than twenty-four hours after making his proposal, which came as part of a broader assault on higher education funding. Walker claimed the line-by-line proposal for changing the statutes was a drafting error. The following article provides background and context regarding the prospective presidential candidates stumble.

Americans have returned to the question of whether the Republican Party has launched a war on scienceas 2016 presidential prospects Chris Christie and Rand Paul haveabandoned public-health imperatives in order to feed skepticism about whether children should be vaccinated against infectious diseases.

But Wisconsin Governor Scott Walker has trumped his fellow 2016 contenders.

Walker is launching a war on the truth.

Literally.

As part of a broader attempt to diminish the states support for, and ties to, the University of Wisconsin System, Walker wants to strike Wisconsin Idea language from state statutesincluding references to public service and a commitment to search for truth.

The Wisconsin Idea, which is much discussed but not always so much understood in the present day, has always been always been about seeking the truth, and about applying the results of that search not just to curriculum choices but to the policies and programs of the state.

The statutes of the state of Wisconsin detail a vision of the role of the University of Wisconsin rooted in this Wisconsin Idea, which holds that the mission of the UW is both to educate students and to provide information and ideas to solve the challenges facing the state and its citizens. Outlined more than a century ago in the language of longtime University of Wisconsin President Charles Van Hise, Governor Robert M. La Follette and their progressive allies, the Wisconsin Idea has always held that the boundaries of the university are the boundaries of the state.

What this meant, practically, was that when farmers faced a challenge, UW professors did research to help them address it. When city officials were looking to improve sanitation, UW professors provided assistance. When state and local officials were looking to assure that elections were fair and functional, UW professors analyzed and responded to proposals. And when new technologies developed, such as radio and television, the UW utilized them to spread

knowledge and ideas to Wisconsinites who might never set foot on a campus. (Notably, Walkers budget also proposes cuts to Wisconsin Public Radio and Wisconsin Public Television.)

The Wisconsin Idea has always held that democracy requires an informed and engaged citizenry, and that academics and researchers should pursue the truth in order to serve that citizenry.

For decades, this vision has been detailed in the Wisconsin Statutes that reference the UW System. The mission of the system is to develop human resources, to discover and disseminate knowledge, to extend knowledge and its application beyond the boundaries of its campuses and to serve and stimulate society by developing in students heightened intellectual, cultural and humane sensitivities, scientific, professional and technological expertise and a sense of purpose, the statutes explain. Inherent in this broad mission are methods of instruction, research, extended training and public service designed to educate people and improve the human condition. Basic to every purpose of the system is the search for truth.

With his presentation Tuesday night of a new state budget plan that will also serve as a touchstone for his presidential campaign, Governor Walker proposed to cut $300 million in higher-education funding as part of plan to remake the UW System as a public authority with increased flexibilities. In legislative documents outlining how the plan would be implemented, Walker and his team suggested a rewrite of the statutes that strikes the call to extend knowledge and its application beyond the boundaries of its campuses and to serve and stimulate society. He also wants to remove the closing lines that read: Inherent in this broad mission are methods of instruction, research, extended training and public service designed to educate people and improve the human condition. Basic to every purpose of the system is the search for truth.

Walker has never made a secret of his disdain for Wisconsins progressive heritage, and his policies have evidenced his disregard for the Wisconsin Idea. But disdain and disregard are one thing. Eliminating references to the search for truthand to using that truth to improve the human conditionis something else altogether.

There were many incidents that helped to forge Wisconsins commitment to freedom of inquiry and to the use of the inquiry to serve students and the state. The most famous of these came in the 1890s, when state officials pressured the UW to remove Professor Richard T. Ely from his position as director of the School of Economics, Political Science and History at the University. The charge was that Ely was too engaged with efforts in the community to improve social conditions and to expand the rights of workers. The controversy was as bitter as it was intense. But ultimately the UW Board of Regents rejected the pressure to limit the schools search for truth and its engagement with the issues and challenges facing Wisconsin.

Their defense of Ely is quoted on a plaque on the UW campus that reads: Whatever may be the limitations which trammel inquiry elsewhere we believe the great state University of Wisconsin should ever encourage that continual and fearless sifting and winnowing by which alone the truth can be found.

The Wisconsin Idea has always been about the search for truth, at the UW and beyond.

When Scott Walker attacks that search, he attacks not just the UW but Wisconsin; not just public service, but the pursuit of truth in service to the public.

Walker proposes changing Wisconsin Idea then backs away By Karen Herzog, on February 4, 2015 Stunned educators accused Gov. Scott Walker on Wednesday of trying to kill the Wisconsin Idea, which has guided the mission of the state's public higher education system for more than a century.

And although the governor backed away from his early position, both university officials and his own words seemed to contradict how the issue unfolded.

"The Wisconsin Idea is embedded in our DNA," University of Wisconsin System President Ray Cross. "It is so much more than words on a page. It is the reason the UW System exists. It defines us and forever will distinguish us as a great public university."

Update: Documents show Walker administration sought removal of UW's Wisconsin Idea in December

First articulated in 1904, the Wisconsin Idea states that the mission of the UW System is to solve problems and improve people's lives beyond the classroom. The core principle is that "the boundaries of the university are the boundaries of the state."

Walker hadn't alluded to changing the UW System's mission during his budget speech Tuesday night; it does not appear he had ever mentioned it publicly.

But in the proposed budget he released Tuesday, the governor made the UW System's mission to "meet the state's workforce needs." He also proposed striking language about public service and improving the human condition, and deleting the phrase: "Basic to every purpose of the system is the search for truth."

Late Wednesday afternoon long after stories about the governor's effort lighted up social media and news websites Walker backed away when confronted by Milwaukee Journal Sentinel columnist Daniel Bice. He said the new language was a drafting error and "kind of a nonissue because that's not a problem with us."

Walker implied at an event in Oconomowoc that UW System officials saw the language and "somehow overlooked" the changes. "We have no problem" reinserting the Wisconsin Idea, he said. "Our focus is on creating an authority that gives them full flexibility, and not on changing the mission." Cross immediately issued a one-sentence statement thanking the governor for his commitment to the Wisconsin Idea.

However, UW officials did raise objections before the budget proposal was released, according to Alex Hummel, associate vice president for communications.

Further, at a stop in De Pere earlier in the day, Walker made no mention of any drafting error.

"The focus would be honed in, in particular to look at making sure that we prepare individuals in this state, be they fresh out of high school or coming back later in life, for the jobs and opportunities available in the state," Walker said.

"Learning's important, but ultimately it's most important for people to get the chance to get the education that they need to succeed in the workforce and in life," he added, according to the Wisconsin Radio Network.

'I'm nearly speechless'

The controversy erupted as the governor is proposing $300 million in cuts to the UW System in the next two years, while giving the schools new flexibility in how they operate. It also came just a week after Walker suggested faculty and staff on UW campuses should be teaching more classes and working harder.

Word of the governor's move, first reported by the Center for Media and Democracy, spread quickly across the UW System's 13 four-year and 13 two-year campuses.

"I'm nearly speechless," said Mark Schwartz, a UW-Milwaukee distinguished professor geography and chairman of the faculty University Committee. "The budget cuts are one thing. This aims at the heart of the Wisconsin Idea and smashes it."

Others saw the language on workforce training as reflecting a narrow understanding of why a university exists similar to how his comments on faculty workload were seen as not fully appreciating what university educators do. Walker himself does not have a degree.

"It's a very materialistic definition of knowledge that's very off-putting to me," said James Baughman, a historian and Fetzer-Bascom professor at UW-Madison's School of Journalism and Mass Communication.

"We aren't just training people to be workers," Baughman said. "We're training them to be citizens, to be leaders. It's not that we don't have a responsibility to serve people to get training, but it's a lot more than that."

Some critics immediately compared Walker's action to the surprise introduction in 2011 of Act 10, which all but ended collective bargaining for most public employee unions.

A source of state pride

To this day some educators begin their courses by impressing the Wisconsin Idea on students, telling them that what they are learning does not exist in a vacuum, but is intended to help people.

UW-Madison has an entire web page devoted to the Wisconsin Idea, listing more than 1,000 recent examples of the flagship's service to the state. It spans teaching, research, outreach and public service.

Cross was chancellor of the UW Colleges and UW Extension before becoming UW System president a year ago. The Wisconsin Idea is central to the mission of UW Extension, which reaches all 72 counties of Wisconsin. In speeches to community groups across the state, Cross talks expansively about the merits of the Wisconsin Idea and how it drives quality.

"Wisconsin must not abandon this core principle and value," Cross said.

In his budget, Walker struck statutory language that says the UW System's mission is "to extend knowledge and its application beyond the boundaries of its campus" and to "serve and stimulate society..." He also struck language that the mission is "to extend training and public service designed to educate people and improve the human condition."

Walker's proposed mission statement instead says: "The mission of the system is to develop human resources to meet the state's workforce needs, to discover and disseminate knowledge, and to develop in students heightened intellectual, cultural, and humane sensitivities, scientific, professional and technological expertise, and a sense of purpose."

UW-Madison Chancellor Rebecca Blank is expected to voice strong concern about the governor's proposals when she speaks Thursday before the UW Board of Regents.

In the meantime, @BeckyBlank reassured her campus on Twitter: "The Wisconsin Idea is and always will be central to the mission of this university."

Leave it alone

In the hours after the news of Walker's changes broke, Assembly Speaker Robin Vos (R-Rochester) said he would prefer to leave it to the UW System as to whether changes should be made to its mission statement.

"I think every once in a while taking a look at our mission statement is important, but it probably shouldn't be done in the context of the million decisions we make in the budget," he said. "It should probably be the authority, the regents, the chancellor, the president of the system all taking an opportunity to work on it together."

Sen. Jon Erpenbach (D-Middleton), who sits on the budget-writing Joint Finance Committee, said the proposed change was absurd, calling the Wisconsin Idea a model for the country.

"I really believe the governor has lost his bearings as to who he is and what he does," he said. "His job is not to rewrite the Wisconsin Idea. It's to promote the Wisconsin Idea."

Walker said in a tweet late Wednesday that the final budget will include the Wisconsin Idea in the UW System's mission.

Daniel Bice and Patrick Marley of the Journal Sentinel contributed to this report.

Walker forced to admit UW objected to Wisconsin Idea changes By Jason Stein, Patrick Marley and Karen Herzog, on February 5, 2015 Madison Gov. Scott Walker and aides scrambled Thursday to respond to revelations that his administration had insisted to University of Wisconsin officials on scrapping the Wisconsin Idea, the guiding principle for the state's universities for more than a century.

In a rapid revision to his own comments on Wednesday, the Republican governor acknowledged that UW System officials had raised objections about the proposal.

They had been told the changes were not open to debate.

While backtracking on earlier comments to reporters, Walker continued to insist in a statement that he hadn't known what his own administration was doing until after the proposal became public and caused a firestorm of criticism.

He said no one would be disciplined.

First articulated in 1904, the Wisconsin Idea states that the mission of the UW System is to solve problems and improve people's lives beyond the classroom. That mission encompasses teaching, research, outreach and public service.

The governor's budget, released Tuesday evening, proposed spinning off the UW System as a separate entity, cutting its state funding by $300 million over two years and making its mission to "meet the state's workforce needs." It proposed striking UW principles in state law about proving public service, improving the human condition, and searching for truth. It also eliminated the venerated concept that the boundaries of the univ